Driver who was injured when trucker loses wheel awarded $12.29M accident settlement
Gordon Burin, 51, was awarded a $12.29M injury accident settlement for an accident that left him with a traumatic brain injury and neck and back injuries. Burin's medical expenses after the accident were $235,100.
Burin was driving on an interstate highway when a truck lost a wheel from its axle. Burin struck the wheel and the jolt caused him to hit his car's ceiling. Burin underwent surgery for his back and neck injuries but the traumatic brain injury let him with diminished memory and cognitive abilities and caused a change in his personality. His brain injury left him unable to work as a commercial airline mechanic.
Vicarious Liability
Burin and his wife filed suit against the truck driver for negligence and also the owner of the truck alleging vicarious liability. Vicarious liability -- respondeat superior -- is a legal doctrine that holds a person or a company liable for the action of an employee in the course of their employment.
Lost Wheel Accidents
When a vehicle traveling at high speed loses a wheel, the results are often catastrophic. Sometimes a lost wheel will crash through a vehicle windshield. When the a lost wheel accident involves a commercial vehicle, authorities look at the trucking company's safety and maintenance records to insure the vehicle passed appropriate inspections as wheels do not normally come off of vehicles.
In this case, the jury must have felt that the truck driver and truck driver were negligent in maintaining the truck in finding the defendants jointly and severally liable.


